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Will of Michael Magee
This is the last will and testament of me Michael Magee of Saint John’s in the Island of Newfoundland, Cooper. To my beloved daughter Mary Magee for the term of her natural life and after her death to her children I devise my house in Cochrane Street which I now occupy consisting of two tenements an upper and a lower story subject to the ground rent and the water rates and further subject to this condition that my son Michael shall have a preference to be tenant of the lower part at an annual rent not exceeding eight pounds currency provided first that he does not sublet it and secondly that he comes to reside therein, If Mary leave no issue at her death I wish the house aforesaid to go upon her death to my son Michael and his heirs, My workshop and yard rearward of my said house I devise to Michael subject to the right which I reserve to Mary to enter it with workmen for the purpose of repairing the dwelling house and I direct that the ladder for the purpose be allowed to remain in the yard. The cellar beneath the house I direct to be divided so that one half shall go with the upper tenement and one half to the lower To my daughter Mary I also devise my property situate on the north side of Ferryland Harbor and now in the possession of William Meany. To my said daughter I bequeath all my household furniture except a bed and the bedding thereof to be kept for my said son if he comes to live in St. John’s. I direct my executor to sell my stock in trade and to divide the proceeds between my said two children in equal shares, the tools tresses and cart to be reserved for Michael. Out of the money which I have in the Savings Bank and in the house I desire that the following bequests be paid my just debts being first discharged and the sum of twenty pounds to cover the expenses of my funeral and the purchase of a headstone being first deducted. First I give and bequeath to His Lordship Bishop Power twelve pounds for a High Mass and ten pounds to be given to any charity or charities that he approves of and also five pounds towards the erection of St. Patrick’s Church To the Superioress of St. Michael’s Convent Belvidere I bequeath five pounds for the benefit of the Orphanage, To Bridget Mackey I bequeath the sum of eight pounds I direct that my executor give five pounds to the Bishop or some of the clergy for low Masses for the repose of my soul. The residue of my money and other property not otherwise disposed of I give to my two children to be divided equally between them I appoint my old friend Wm. Gallivan to be the executor of this my last will and testament In witness whereof I hereunder set my hand this first day of June in the year of our Lord eighteen hundred and seventy five,
Michael Magee. Signed by the said testator Michael Magee as and for his last will and testament in the presence of us present at the same time who at his request in his sight and presence and in the sight and presence of each other have subscribed our names as attesting witnesses, James G. Conroy, James his X mark Lacy.
I direct that the occupant of the upper tenement shall have the front division of the cellar and shall have a right of entrance by the present cellar door.
Michael Magee. Signed as a codicil and attested by James G. Conroy, James his X mark Lacy.
Note: The wills in those will books are NOT actual wills. They are either hand-written copies or in later years typed copies of a, "last will and testament," written or typed by the court clerk, after the death of the testator, when the executor presented them to the court for probate. The court clerk didn't list the signatures at the bottom, he (or she) just put them in the book in whatever order they were in, on the original document, no spacing most of the time, no punctuation. The originals were kept by the executor.
We who have typed these wills, have made every effort to include all the errors that were on the microfilm, in order to avoid destroying the integrity of the originals, where ever they may be.
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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